- Cited — EY (Fact-finding hearing), Re 2023-10-27
“…ities: Re J (Care Proceedings: Possible Perpetrators) [2013] UKSC 9 (per Baroness Hale of Richmond at paragraphs 47 to 49) and Re B (Care Proceedings: Appeals) [2013] UKSC 33 (per Lord Wilson at paragraph 24).…”
- Considered — JW (Child at Home under Care Order) 2023-08-04
“…move a child should only be made after a ‘rigorous analysis of all of the realistic options’, in a manner similar to that required by the Supreme Court in Re B [2013] UKSC 33 when adoption is being considered. Baker J continued:…”
- Cited — G and H (Leave to revoke placement order), Re 2023-07-06
“…cement order, the court must abide by the principles established in the case law on adoption generally, in particular the decision of the Supreme Court in Re B [2013] UKSC 33, so that the permanent severing of ties between a child and her birth parents is an outcome “only to be ordered in exceptional circumstances and where motivate…”
- Followed — E (A Child) (Care and Placement Orders) 2023-06-27
“…Following on from YC and other cases in the European Court, the Supreme Court addressed the exceptionality of a plan for adoption in Re B (A Child) [2013] UKSC 33, [2013] 1 WLR 1911. At paragraph 104, Lord Neuberger said:…”
- Cited — T (Fact-Finding: Second Appeal) 2023-05-05
“… WLR 1360; Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23, [2007] 1 WLR 1325; Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33 [2013] 1 WLR 1911 and most recently and comprehensively McGraddie v McGraddie [2013] UKSC 58 [2013] 1 WLR 2477. These are all decisions either of the House of …”
- Cited — N (Refusal of Placement Order) 2023-04-05
“…erriding requirements pertaining to the child’s welfare, in short where nothing else will do”, per Baroness Hale of Richmond in Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075 at paragraph 198. A judge determining an application for a placement order must therefore carry out a rigorous analysis and deliver a reasone…”
- Cited — N (Refusal of Placement Order) 2023-04-05
“…As to the second issue, the approach to be adopted by this Court is clearly delineated by the decisions of the Supreme Court in Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075 and Re H-W (Children) [2022] UKSC 17, as summarised by Dame Siobhan Keegan at paragraph 49 of the latter case:…”
- Cited — Re C & Ors (Care Proceedings: Adequacy of Reasons) 2023-03-30
“…2) 55 EHRR 967, paragraph 134. In turn, the Supreme Court addressed the question of the proportionality of an adoption order in Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075, where Lord Neuberger (at paragraph 104) endorsed…”
- Cited — Re H (Parents with Learning Difficulties: Risk of Harm) 2023-02-02
“…That passage was cited by Lord Neuberger in Re B (A Child) [2013] UKSC 33 who observed (at paragraph 105):…”
- Cited — Re C (Surrogacy: Consent) 2023-01-16
“…ation and the necessity/proportionality of the original decision but will not make its own evaluation: In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911 at paras. 36, 83-90 and 136; In the matter of H-W (Children) (No 2) [2022] UKSC 17, [2022] 2 FLR 533 at para. 48. However, that approach is …”
- Cited — Alison Kynaston-Mainwaring v GVE London Limited 2022-10-19
“…. 1360; Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23; [2007] 1 W.L.R. 1325; Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 W.L.R. 1911 and most recently and comprehensively McGraddie v McGraddie [2013] UKSC 58; [2013] 1 W.L.R. 2477. These are all decisions either of the H…”
- Cited — RE A (CHILDREN) (POOL OF PERPETRATORS) 2022-10-17
“…For example, in Re B (A Child) [2013] UKSC 33, [2013] 2 FLR 1075, the Supreme Court unanimously rejected any gloss on the test set out in CPR 1998, r 52.21(3)(a) that an appeal is to be allowed where the d…”
- Cited — A Mother v A London Borough 2022-03-10
“…[2013] UKSC 33, so that the permanent severing of ties between a child and her birth parents is an outcome “only to be ordered in exceptional circumstances and where motivate…”
- Cited — A Mother v A London Borough 2022-03-10
“…uld wherever possible be brought up within their natural families, and an adoption order was “a last resort”, only to be made “where nothing else will do”: Re B[2013] UKSC 33. Accordingly, the mother’s prospects of success were real rather than fanciful and it was in the children’s interests for the application to revoke the placeme…”
- Cited — Mark Byers v The Saudi National Bank 2022-01-27
“…wski [1999] 1 W.L.R. 1360; Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23; [2007] 1 W.L.R. 1325 ; Re B (A Child) (Care Proceedings) [2013] UKSC 33; [2013] 1 W.L.R. 1911 and most recently and comprehensively McGraddie v McGraddie [2013] UKSC 58; [2013] 1 W.L.R. 2477. These are all decisions either of the H…”
- Followed — L (A Child: Step-Parent Adoption) 2021-05-26
“…ied. It follows that the test in a step-parent adoption is lower. It is not an order of last resort and the ‘nothing else will do’ test found in Re B (a child) [2013] UKSC 33, [2013] 2 FLR 1075, at [104], [130], [198], [215] (‘Re B’) is not the correct test. The fact that the interference of a step-parent adoption is less extreme ma…”
- Cited — TT (Children) 2021-05-20
“…[2013] UKSC 33,…”
- Cited — A, B And C (Children), Re (Rev 1) 2021-04-01
“…In re B (A child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33 @ [53]…”
- Approved — M (Special Guardianship Order: Leave To Apply To Discharge) (Rev 1) 2021-03-26
“…o force (The Children Act 1989: Guidance and Regulations (Volume 1, Court Orders) (HMSO 1991)), as approved by Baroness Hale in Re B (Care Proceedings: Appeal) [2013] UKSC 33; [2013] 2 FLR 1075 at [185]. As Ms Cabeza says, it does not mean trivial or unimportant, and neither does it mean exceptional, immense, or insurmountable.…”
- Cited — Parfitt v Guy's and St Thomas' Children's NHS Foundation Trust & Anor 2021-03-19
“…, as in my view this judge did, an appellate court can only interfere with his decision if satisfied that it was wrong: Re B (A Child) (CareProceedings: Appeal)[2013] UKSC 33. In a case as sensitive and difficult as this, whichever way the judge's decision goes, an appellate court should be very slow to conclude that he was wrong.”…”
- Applied — H, Re (Children: Findings of Fact) 2021-03-05
“…In Re B (a child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911, the Supreme Court adopted these observations as applying, in the words of Lord Wilson JSC at [42], “all the more strongly to an appeal agai…”
- Cited — T and R, Re (Refusal of Placement Order) 2021-01-28
“…Ms Bazley and Ms Moore unsurprisingly cited the decision of the Supreme Court in ReB (Care Proceedings: Appeal) [2013] UKSC 33 and in particular the analysis of proportionality in care proceedings where the plan was adoption. In the well-known words of Baroness Hale of Richmond at para…”
- Cited — Lowe v The Secretary of State for the Home Department 2021-01-25
“…Proceedings) [2013] UKSC 33; [2013] 1 W.L.R. 1911…”
- Followed — C (Revocation of Placement Orders) 2020-11-27
“…e matters the following principles can be drawn from the extensive case law which has developed, but in particular from the landmark decision of Re B (A Child) [2013] UKSC 33:…”
- Cited — K (Children: Placement Orders), Re 2020-11-12
“…f a child against the parents’ wishes should only be contemplated as a last resort – when all else fails: Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 191, per Lord Neuberger at [104]. That is a stringent test and a rigorous and reasoned evaluation of all the realistic options must be carried ou…”
- Applied — Haley v Haley 2020-10-23
“…be applied on appeal is whether the decision of the lower court is “wrong” as opposed to “plainly wrong” (Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33,[2013] 1 WLR 1911 at [46]; see also Prescott v Potamianos (also known as Re Sprintroom Ltd) [2019] EWCA Civ 932 at [72] – [78]);…”
- Cited — Assetco Plc v Grant Thornton UK LLP 2020-08-28
“…(Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911 and in particular on what Lord Wilson and Lord Neuberger said about an appeal court’s approach to a decision on the threshold issue for a ca…”
- Cited — S (Children) 2020-04-09
“…1 WLR 1360; Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23 [2007] 1 WLR 1325; Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33 [2013] 1…”
- Cited — Nottinghamshire County Council v SF And GD (Rev 1) 2020-03-03
“… facts of this case. It is apt to recollect that the test formulated by the Supreme Court in Re B (a child) (care order: proportionality: criterion for review) [2013] UKSC 33, [2013] 2 FLR 1075in relation to family proceedings is just as applicable to tribunal proceedings. At [53] in the judgment of Lord Neuberger PSC the principle …”
- Explained — C (A Child : Interim Separation) 2020-02-26
“… the conclusion is perverse, this court will not interfere. Why this is so was explained by Lord Wilson in Re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911, [2013] 2 FLR 1075. In discussing appeals from decisions made in care proceedings, he said this at [42]:…”
- Cited — AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions 2020-01-29
“…Supreme Court on more than one occasion. The first relevant authority that was drawn to our attention was Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, at paras. 88-93 (Lord Neuberger PSC). The most recent consideration of the issue which we were shown was in R (R) v Chief Constable of Grea…”
- Cited — FL (A Child), Re 2020-01-22
“… directed himself to “have regard to the welfare checklist” and the paramountcy principle. He cited the comments of Baroness Hale of Richmond in Re B (A Child) [2013] UKSC 33 about the dangers of social engineering, and the observation of Hedley J in Re L [2007] FLR 2050 that “good enough” parenting is sufficient. He added:…”
- Doubted — Lakatamia Shipping Company Ltd v Morimoto 2019-12-11
“…Thus, echoing the words of Lewison LJ in Re B (Care Proceedings) [2012] EWCA 1475 in this court (affirmed on other grounds [2013] UKSC 33) at [148], “[a]lthough I still have doubts, I do not push those doubts to a dissent”. With some hesitation, therefore, I agree that the appeal should be allowe…”
- Cited — B (Secure Accommodation Order), Re (Rev 1) 2019-11-21
“…The ECHR, in particular Article 8, is part of the bedrock of the Children Act. As Baroness Hale observed in Re B [2013] UKSC 33, at paragraph 194:…”
- Cited — A (No. 2) (Children: Findings of Fact) 2019-11-14
“…[2013] UKSC 33…”
- Cited — Simawi v London Borough of Haringey 2019-10-31
“…approach of this court is no different; at all events where the challenge is based on proportionality: In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911 at [36] (Lord Wilson); [83] – [90] Lord Neuberger; [137] – [139] (Lord Clarke).…”
- Cited — E (Through Her Children's Guardian) & Anor v A Mother & Anor 2019-09-12
“…in Re B [2013] UKSC 33 and developed by this court in Re B-S [2013] EWCA Civ 1146 and the subsequent line of authorities, that adoption is the option of last resort in children’s cas…”
- Cited — A v Cardiff City Council & Ors 2019-07-30
“…which there was no evidence to support; (ii) based on a misunderstanding of the evidence, or (iii) which no reasonable judge could have reached (Re B (A Child) [2013] UKSC 33 [52]per Lord Neuberger).…”
- Considered — Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor 2019-06-27
“…In Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33, [2013] 1 WLR 1911, the Supreme Court considered the role of an appeal court in an appeal which involves…”
- Cited — Prescott v Potamianos & Anor 2019-06-06
“…1 WLR 1360; Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23 [2007] 1 WLR 1325; Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33 [2013] 1 WLR 1911 and most recently and comprehensively McGraddie v McGraddie [2013] UKSC 58 [2013] 1 WLR 2477. These are all decisions either of the House of …”
- Cited — R (A Child) 2019-05-24
“…he credibility of the witnesses and the wide canvas of the evidence. There is a need for appellate restraint, epitomised by the Supreme Court in Re B (A Child) [2013] UKSC 33, where Lord Neuberger stated that:…”
- Cited — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…[2013] UKSC 33…”
- Followed — W-C-T (Children) 2019-04-04
“…I come now to my conclusion. This court will only rarely even contemplate reversing a trial judge's findings of primary fact (InRe B (A Child) [2013] UKSC 33 at paragraph 52). As Lord Neuberger said in the following paragraph, this is because:…”
- Cited — Y and E (Children) (Sexual Abuse Allegations), Re 2019-02-21
“…of fact by trial judges, unless compelled to do so – see for example Piglowska v Piglowski[1999] 1 WLR 1360,ReB (A Child) (Care Proceedings: Threshold Criteria)[2013] UKSC 33 [2013] 1 WLR 1911, and Fage UK Ltd v Chobani UL Ltd [2014] EWCA Civ 5. In the last-named case, Lewison LJ reiterated (at paragraph 114) that this extends “not …”
- Cited — K (Children), Re 2019-02-19
“…[2013] UKSC 33…”
- Cited — F (A Child : Placement Order: Proportionality) 2018-12-11
“…home under a care order was not an option, did the judge give effect to the obligation on the court, noted by Lord Neuberger in Re B (Care Proceedings: Appeal) [2013] UKSC 33 at [105], to be satisfied that there was no practical way of the authorities or others providing essential assistance and support.…”
- Cited — Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd 2018-10-18
“…1 WLR 1360; Datec Electronics Holdings Ltd v United Parcels Service Ltd [2007] UKHL 23 [2007] 1 WLR 1325; Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33 [2013] 1 WLR 1911 and most recently and comprehensively McGraddie v McGraddie [2013] UKSC 58 [2013] 1 WLR 2477. These are all decisions either of the House of …”
- Cited — The British Council v Jeffery & Ors 2018-10-16
“…[2013] UKSC 33, [2013] 1 WLR 1911, esp…”
- Applied — Manzi v King's College Hospital NHS Foundation Trust 2018-08-29
“…It is helpful to focus on the test this court must apply. That was most recently described in Re B (A Child) [2013] UKSC 33 per Lord Neuberger PSC at [53]:…”
- Followed — Bawa-Garba v The General Medical Council & Ors 2018-08-13
“…In Bowen and Stanton,McCombe LJ went on (at [67]) to quote from Lord Clarke’s judgment in Re B (A Child) (Care Proceedings) [2013] UKSC 33; [2013] 1 WLR 1911 at [137] as follows:…”
- Cited — S (A Child), Re 2018-08-08
“…to such applications in 2015, and therefore after the judgments had been reported in the well-known cases of Re: B (A Child)Care Proceedings Threshold Criteria [2013] UKSC 33; [2013] 1 WLR 1911 and Re: BS Children Adoption Order Leave To Oppose [2010] EWCA Civ 1146; [2014] 1 WLR 563:…”
- Cited — S (A Child), Re 2018-08-08
“…Since that case, the decision of the Supreme Court in Re B [2013] UKSC 33 and the series of cases decided in the Court of Appeal in 2013 leading to the decision in Re B-S (Children) [2013] EWCA Civ 1146 have changed the landscape for…”
- Cited — S & H-S (Children) 2018-06-06
“…After making reference to the case of Re B [2013] UKSC 33 the judge continued:…”
- Cited — Re DAM (Children) 2018-03-08
“…plies only to cases involving a plan for adoption. That is clear from the case in which it originated, In re M (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, which concerned an application for a care order with a care plan for adoption. It is clear, where it is not explicit, that all the justices were addressing a …”
- Cited — Secretary of State for the Home Department v Robinson (Jamaica) 2018-02-02
“… exercise which is called for. He made that submission on the basis of the decision of the Supreme Court in Re B (Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] 1 WLR 1911, relying in particular on what was said at para. 88 in the judgment given by Lord Neuberger PSC.…”
- Cited — B (A Child) (care proceedings) 2018-01-17
“…rself by reference to the relevant provisions of the Children Act 1989 and the Adoption and Children Act 2002 and to the judgments of the Supreme Court in Re B [2013] UKSC 33 and of this court in Re B-S [2013] EWCA Civ 1146, Re R [2016] EWCA Civ 1625 and Re W [2016] EWCA Civ 793. She also recognised that Article 8 was engaged, ackno…”